Ministry of Health: Requesting Medical Records Unlawful

New Regulation or Official Guidance

As per guidance issued by the Ministry of Health, it is illegal for employers or third parties to request copies of employees' medical records or try to access them in any shape or form, even if it is for purposes of processing a request for medical or parental leave. Medical records are private and confidential, and cannot be disclosed to employers or third parties. This applies to the companies that administer the health system (EPS). Should EPS request copies or a summary of an employee’s medical records, a report should be filed with the National Superintendence of Health to initiate an investigation that may lead to imposition of penalties.

Ministry of Labor: New Procedure to Elect Members of Arbitration Tribunals

New Regulation or Official Guidance

On September 13, 2017, the Ministry of Labor issued Resolution 3503, establishing new procedures to assign arbitrators to the arbitration tribunals when collective bargaining is unsuccessful. These procedures will apply in cases of disagreement over the election of a third arbitrator, or when the designated arbitrators are not present to take possession. In such cases, the election will be made by random selection that will be made at a specified office identified in the procedures. This resolution repeals the previous regulation.

Proposed Law Seeks to Grant Parents Time Off for Children´s Sick Leave

Proposed Bill or Initiative

The proposed "Isaac Law" would require employers to grant the right to paid leave to one of the working parents or the caregiver of a child under 12 who suffers a serious illness or an accident, so the child can receive the necessary care from his/her parent or caregiver. A medical order establishing the duration and the need for permanent accompaniment is required. The leave would range from 8 to 20 calendar days. “Isaac Law” is expected to pass the Senate in the first semester of 2018 and fulfill the legal procedure to become a law.